Legal Opinion

State ex rel. Loral Systems Group v. Industrial Commission

Ohio Supreme Court

Decided May 1, 1991No. 89-1050PublishedCited by 5 opinions

1Per curiam

An award under former R.C. 4123.57(A) requires not only “some evidence” of actual impaired earning capacity, but also “some evidence” causally relating the impairment to the allowed conditions. State, ex rel. Apgar, v. Indus. Comm. (1989), 42 Ohio St. 3d 5, 535 N.E. 2d 1364. The latter element is missing here.

Claimant has submitted no evidence showing that her lack of wages is due to the twenty-five percent impairment noted by Dr. Rosen. We will not speculate as to whether her lack of earnings is attributable to the allowed conditions or is due to, for example, a voluntary decision not to…

2Cases cited1 opinion

  1. State ex rel. Apgar v. Industrial CommissionOhio Supreme Court · 1989

3Cited by5 opinions

  1. State ex rel. Mount Carmel Health v. ForteOhio Supreme Court · 1992
  2. State ex rel. Matheney v. Central Ohio Coal Co.Ohio Supreme Court · 2000
  3. State ex rel. Garon v. University HospitalsOhio Supreme Court · 2000
  4. State ex rel. Matheney v. Cent. Ohio Coal Co.Ohio Supreme Court · 2000
  5. State ex rel. Garon v. Univ. Hosp. of ClevelandOhio Supreme Court · 2000

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